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California Court of Appeal


People v. Gabriel, H035329

In a prosecution of defendant for various gang related offenses in two cases, trial court's conditions of probation are modified where: 1) when there is a discrepancy between the minute order and the oral pronouncement of judgment, the oral pronouncement controls, and as such, the written gang conditions must be modified to reflect the conditions orally imposed by the trial court; and 2) the word "suspect" is unconstitutionally vague, and thus, must be deleted from the written condition.

Appellate Information

  • Decided 11/04/2010
  • Published 11/04/2010

Judges

  • Mihara

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Thomas M. Hartnett, Edmund G. Brown, Jr.

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